Terms & Conditions
Article 1 – Identity
These are the general terms and conditions of Colourful Rebel B.V..
Name company: Colourful Rebel B.V.
Registered at de Singel 260-1, 1016AB Amsterdam, Netherlands*
Available: Monday to Friday from 9:00 to 17:00 hours
E-mail address: firstname.lastname@example.org*
Chamber of Commerce number: 63392976
VAT number: NL 855216360B01
*Orders returned to this address will NOT be processed.
*Please send your webshop related questions to webshop@Colourfulrebel.com.
Article 2 – Definitions
The following is meant in these general terms and conditions:
- Additional agreement: an agreement where a consumer purchases products in connection with a remote agreement and these products are delivered by Colourful Rebel or are delivered by a third party based on an agreement between this third party and Colourful Rebel;
- Cooling off period: the period where a consumer can use his right of withdrawal;
- Consumer: the natural person who does not act for purposes that are related with his trade, business, craft or professional activity;
- Day: calendar day;
- Durable data carrier: any resource – including e-mail – that enables a consumer or Colourful Rebel to store personally addressed information in such a manner that enables future reference or use during a period that is aligned with the purpose for which the information is intended and that makes unchanged reproduction of the stored information possible;
- Right of withdrawal: the possibility for a consumer to withdraw the remote agreement within the cooling off period;
- Remote agreement: an agreement that is concluded between Colourful Rebel and a consumer in the context of an organised system for the remotely selling of products where till the concluding of the agreement one or more techniques for remote communication is exclusively or partly used;
- Withdrawal form: The form for withdrawal included in Attachment I of these general terms and conditions;
- Technique for remote communication: Resource that can be used for concluding an agreement where a consumer and Colourful Rebel do not have to be present in the same room.
Article 3 – Applicability
- These general terms and conditions are applicable on any offer from Colourful Rebel and on any concluded remote agreement between Colourful Rebel and a consumer.
- Before the agreement is remotely concluded, the content of these general terms and conditions will be electronically provided to the consumer in such a manner that the consumer can easily store these on a durable data carrier. If this is reasonably not possible, Colourful Rebel will, before the agreement is remotely concluded, indicate how the general terms and conditions can be viewed electronically and that, if requested, they will be sent to the consumer free of charge, either electronically of in another way.
Article 4 – The offer
- If an offer is valid for a limited period or is done subject to conditions, this will be explicitly mentioned in the offer.
- Obvious mistakes or faults in the offer of products do not bind Colourful Rebel.
- Each offer contains such information that it is clear for the consumer what the rights and the obligations are that are connected with the acceptance of the offer.
Article 5 – The agreement
- The agreement is concluded at the moment of acceptance of the offer by the consumer and it complies with the set conditions thereof.
- If the consumer has electronically accepted the offer, Colourful Rebel will immediately confirm the receipt of the acceptance of the offer electronically.
- Colourful Rebel will provide the following information to the consumer no later than with delivery:
- The visiting address of the Colourful Rebel branch that the consumer can contact, for example in case of complaints;
- The way the consumer can use the right of withdrawal and under which conditions or a clear notification regarding being excluded from the right of withdrawal;
- The information about warranties and existing service after purchase;
- The price of the product, including all taxes, insofar applicable the delivery costs and the payment method, delivery or performance of the remote agreement;
- If the consumer has the right of withdrawal, the withdrawal form.
Article 6 – Right of withdrawal
- The consumer can terminate an agreement related to the purchase of a product without giving reasons during a cooling off period of 14 days. Colourful Rebel may ask the consumer for the reason of withdrawal but the consumer is not obliged to give any reason(s).
- The cooling off period mentioned in part 1 will start on the day after the consumer, or a third party appointed by the consumer beforehand, who is not the transporter, has received the last product. Colourful Rebel may refuse an order of several products with different delivery times, provided he has clearly informed the consumer of this prior to the order process, or if the delivery of a product consists of different shipments or parts: the day when the consumer, or third party appointed by him, has received the last shipment or the last part.
Article 7 – Obligations of the consumer during the cooling off period
- During the cooling off period the consumer will carefully handle the product and the packaging. He will only unwrap or use the products to the extent that is required to establish the nature, the features and the operation of the product. Principle here is that the consumer may only handle and inspect the product like he was allowed to do in a shop;
- Th consumer is liable for depreciation of the product if that is caused by a way of handling of the product that goes beyond what is allowed in part 1.
Article 8 – Exercising the right of withdrawal by the consumer and the costs thereof
- When the consumer uses his right of withdrawal, he will immediately report this to Colourful Rebel within the cooling off period by using the withdrawal form or any other clear method.
- The consumer will return the product as soon as possible, but within 14 days from the day following the notification as mentioned in part 1 or he will hand this to (an authorised person of) Colourful Rebel. This is not necessary if Colourful Rebel has offered to collect the product itself. In any case the consumer has observed the return period if he returns the product before the cooling off period has finished.
- The consumer will return the product with all supplied attachments, if reasonably possible, in the original condition and packaging and conform the instructions provided by Colourful Rebel.
- The risk and burden of proof for correct and timely exercising the right of withdrawal lies with the consumer.
- The consumer will bear the direct costs for returning the product.
- Further required information regarding the returning of a product are mentioned on the website.
- If the consumer uses his right of withdrawal, all additional agreements will be legally dissolved.
Article 9 – Obligations of Colourful Rebel with withdrawal
- If Colourful Rebel makes the notification of withdrawal by the consumer electronically possible, it will immediately send a confirmation of receipt after this notification has been received.
- Colourful Rebel will refund all payments to the consumer, including possible delivery costs charged by Colourful Rebel for the returned product, immediately though within 14 days following the day that de consumer gives notice of the withdrawal. Unless Colourful Rebel offers to collect the product itself, it is allowed to wait with the refund till it has received the product or till the consumer shows that he has sent back the product whatever is sooner.
- Colourful Rebel uses the same payment method for refunds that was used by the consumer unless the consumer agrees with another method. The refund is free of charge for the consumer.
- If the consumer has selected for a more expensive delivery method than the cheapest standard delivery, Colourful Rebel does not have to refund the additional costs for the more expensive method.
Article 10 – The price
- During the validity period mentioned in the offer the prices of the offered products will not be increased, provided price adjustments caused by changes in vat tariffs.
- The prices of products mentioned in the offer are inclusive vat.
Article 11 – Compliance agreement and extra warranty
- Colourful Rebel guarantees that the products comply with the agreement, the specifications mentioned in the offer, to reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that are applicable on the date the agreement is concluded.
- In any event, no claims can be made on part 1 of this article in case of (i) damage by intent or negligence, (ii) normal wear and/or (iii) damage by not observing or incorrect observing of the instruction manual or instruction conditions.
- An extra warranty provided by Colourful Rebel, its supplier, manufacturer or importer will never limit the legal rights and claims that the consumer can make against Colourful Rebel based on the agreement if Colourful Rebel fails to comply with its part of the agreement.
- Extra warranty means any commitment of Colourful Rebel, its supplier, importer or producer that rewards the consumer with certain rights or claims that are beyond what is required by law in case he fails to comply with its part of the agreement.
Article 12 – Delivery and performance
- Colourful Rebel will observe the highest possible care with the acceptance and performance of the orders of products;
- Delivery will take place while stocks last.
- For the shipment and handling of order an amount of € 5.95 is charged.
- The ownership of the supplied products will transfer to the consumer after the owed amount has been paid. The risk of the products will transfer at the moment of delivery to the consumer.
- The delivery address is the address that the consumer has provided to Colourful Rebel.
- The consumer should provide the correct address and e-mail address to Colourful Rebel. Also, possible changes thereof should be notified to Colourful Rebel on time. If the consumer has provided a wrong address for the delivery, the extra delivery charges will be for the account of the consumer.
- Colourful Rebel will perform accepted orders with diligence though within 30 days, unless another delivery time has been agreed. If the delivery suffers a delay or if an order cannot be performed or only partly be performed, the consumer will receive notification thereof no later than 30 days after he has placed the order. In that case the consumer has the right to dissolve the agreement without any costs.
- After dissolution conform the previous part Colourful Rebel will immediately refund the amount that the consumer has paid.
- The risk of damage and/or loss of products lies with Colourful Rebel till the moment of delivery to the consumer or a representative appoint beforehand and notified to Colourful Rebel, unless explicitly agreed otherwise.
Article 13 – Payment
- Insofar not determined differently in the agreement, the consumer has to pay the owed amounts within 14 days after the start of the cooling off period or if there is no cooling off period, within 14 days after the concluding of the agreement
- The consumer is obliged to immediately report to Colourful Rebel any mistakes in provided or mentioned payment details. Payments via giro or bank are for the account and risk of the person that issues the order (authorisation) for payment.
- If the consumer does not comply (fully or partially) with its payment obligation(s) on time, he will, after Colourful Rebel has reminded him of the late payment and Colourful Rebel has given the consumer a period of 14 days to still comply with his payment obligations, owe legal interest over the owed amount if payment has not been made during this 14-days’ period and Colourful Rebel has the right to charge him for the extra judicial collection costs made by Colourful Rebel. These collection costs are: 15% over outstanding amount up to € 2,500.-, 10% over the next € 2,500.- and 5% over the next € 5,000.- with a minimum of € 40.-.
Article 14 – Intellectual property
- The website and all parts thereof, with the exception of certain hyperlinks to third parties, are the property of Colourful Rebel. All intellectual property rights related to the website and all parts thereof (such as the offered products) are with Colourful Rebel, insofar these rights do not belong to third parties.
- Without prior written approval of Colourful Rebel it is not allowed to disclose, copy, save or offer for sale the website, parts of the website, information obtained from the website, products displayed on the website or other material displayed on the website, in whatever shape or form.
Article 15 – Force majeure
Colourful Rebel and consumer are not obliged to comply with any obligation if they be hindered to do so as a result of a circumstance that is not their fault, and that neither are for their account under the law, a legal act or applicable beliefs in the traffic.
Article 16 – Complaint procedure
- Colourful Rebel has a sufficiently disclosed complaint procedure and deals with the complaint in accordance with this complaint procedure.
- Complaints regarding the performance of the agreement should be submitted to Colourful Rebel as soon as the consumer has identified the defects, with a full and clear description.
- Complains submitted to Colourful Rebel will be answered within a period of 14 days calculated from the data of receipt. If a complaint requires a foreseeable longer processing time, Colourful Rebel will, within a period of 14 days, send a message of receipt and an indication when the consumer can expect a more extensive answer.
Article 17 – Others
- Possible deviations of these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations regarding legal relations that were concluded later.
- The administration of Colourful Rebel applies, provided counterproof, as proof of the requests and/or orders made by the consumer. The consumer acknowledges that electronic communication can serve as proof.
- Colourful Rebel has the right to transfer the rights and obligations from the agreement with you to a third party by giving you a single notification.
- If and insofar any provisions of the general terms and conditions are declared void or annulled, the remaining provisions of these general terms and conditions will remain in force without prejudice. In that case, Colourful Rebel will determine a new provision to replace the void/annulled provision, where the meaning of the void/annulled provision will be observed as much as possible.
Article 18 – Applicable law and jurisdiction
- The agreements and all non-contractual obligations arising thereof, between Colourful Rebel and the consumer to which these general terms and conditions are relates, are exclusively subject to Dutch law.
- All disputes between Colourful Rebel and the consumer will initially be settled by the authorised court of Amsterdam, the Netherlands.